Jus cogens: Recent Developments in International Law

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

International Court of Justice (ICJ)

Cases under deliberation:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

• Conclusion of the public hearings on the merits; Court ready to begin its deliberation (9 May 2006)
• Case Resources

    Oral Pleadings:

• Serbia and Montenegro: Mr. Obradović and Ms. Fauveau-Ivanović (CR 2006/43 - Public sitting held on Monday 8 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Varady and Mr. Zimmerman (CR 2006/44 - Public sitting held on Monday 8 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr. van den Biesen; Serbia and Montenegro: Mr. Djerić, Mr. Zimmermann, Mr. Varady and Mr. Stojanović (CR 2006/45 - Public sitting held on Tuesday 9 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

Pending cases:

Application Instituting Proceedings Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• APPLICATION (very large pdf file- 99 mb - 572 pages)
• Request for Provisional Measures of Protection (5mb; French only)

From the ICJ on 11 May 2006: "The International Court of Justice (ICJ) will hold public hearings on Thursday 8 and Friday 9 June 2006 on the request for the indication of provisional measures submitted on 4 May 2006 by Argentina in the proceedings brought by it against Uruguay concerning alleged breaches by Uruguay of obligations incumbent upon it under the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975."

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (10 May 2006)

Ivica Rajic Sentenced to 12 Years' Imprisonment (8 May 2006)

The ICTY, "sentenced Ivica Rajic to 12 years’ imprisonment for his involvement in the October 1993 attack against the central Bosnian village of Stupni Do, which caused the death of approximately 31 civilians and the destruction of the village. He was also sentenced for his role in the rounding up of more than 250 Muslim men in the nearby town of Vares and their subsequent inhuman treatment." Read the full statement.

• Prosecutor v. Ivica Rajic, a.k.a. Viktor Andric, Case No. IT-95-12-S, SENTENCING JUDGEMENT, 8 May 2006
• SUMMARY OF THE SENTENCING JUDGEMENT FOR IVICA RAJIC, 8 May 2006

Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic transferred to Bosnia and Herzegovina (9 May 2006)

From the ICTY, "Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic were transferred today from the custody of the Tribunal to Bosnia and Herzegovina to be tried in the country’s State Court in Sarajevo. The four Bosnian Serbs are charged with a broad range of war crimes committed during the early stage of 1992-1995 Bosnian conflict against Bosnian Muslims, Bosnian Croats and other non-Serbs in the Omarska and Keraterm camps near Prijedor in northwest Bosnia and Herzegovina. Specifically, they are charged with confining in inhumane conditions, murdering, beating, sexually assaulting, harassing, humiliating and psychologically abusing non-Serbs in camps between May and August 1992. . . .The Tribunal’s Referral Bench ruled on 20 July 2005 that the case be transferred to Bosnia and Herzegovina under the terms of 11 bis of the Tribunal’s Rules of Procedure and Evidence. Both the prosecution and defence appealed the decision and the prosecution later withdrew their appeal. On 7 April 2006, the appeals chamber granted the transfer."

• PROSECUTOR v. Zeljko MEJAKIC Momcilo GRUBAN Dusan FUSTAR Dusko KNEZEVIC, Case No.: IT-02-65-AR11bis.1, DECISION ON JOINT DEFENCE APPEAL AGAINST DECISION ON REFERRAL UNDER RULE 11bis, 7 April 2006

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions:

The PROSECUTOR v. Juvenal RUGAMBARARA, Case No. ICTR-00-59-I, DECISION ON THE MOTION FOR PROTECTIVE MEASURES FOR DEFENCE WITNESSES, 8 May 2006

• Synopsis: Trial Chamber II of the ICTR denied a request of the Defence for Juvenal Rugambarara, seeking protective measures for potential witnesses pursuant to Articles 19 to 21 of the ICTR Statute and Rules 69 and 75 of the ICTR Rules. The Court denied the request due to insufficient supporting evidence demonstrating that such protective measures are applicable: "the Defence has not provided any independent material that demonstrates that the fears of its potential witnesses are well founded. The Chamber reiterates that without any such material, it is left to speculate about the security situation of potential witnesses and no reasoned decision on protective measures can be made."

Emmanuel Ndindabahizi (Appellant) v. THE PROSECUTOR (Respondent), Case No. ICTR-01-71-A, SCHEDULING ORDER, 11 May 2006

THE PROSECUTOR v. THARCISSE MUVUNYI, ICTR-2000-55A-T, REASONS FOR THE ORAL DECISION ON MUVUNYI'S MOTION FOR CERTIFICATION TO APPEAL THE CHAMBER;S DECISION OF 26 APRIL 2006, 12 May 2006

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 12 May 2006

Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara, & Santigie Borbor Kanu, Case No. SCSL-04-16-T, Decision on Prosecution motion to bring forward the next scheduled status conference, 8 May 2006

Prosecutor v. Issa Hassan Sesay, Morris Kallon, & Augustine Gbao, Decision on Prosecution motion to amend protective measures for Witnesses TF1-168 and TF1-041, Case No. SCSL-04-15-T, 9 May 2006

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Decision on the Transmission of the Transcript of the in Camera Meeting held on 17 March 2006 (9 May 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

International Court of Justice

Application Instituting Proceedings:

Application Instituting Proceedings Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• APPLICATION (very large pdf file- 99 mb - 572 pages)
• Request for Provisional Measures of Protection
• Argentina institutes proceedings against Uruguay and requests the Court to indicate provisional measures (ICJ Notice) ---"In the late afternoon of 4 May 2006 Argentina seised the International Court of Justice (ICJ) of a dispute between itself and Uruguay concerning alleged breaches by Uruguay of obligations incumbent upon it under the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975."

Cases under deliberation:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

    Case Resources
   
    Oral Pleadings:

• Serbia and Montenegro: Mr. Radoslav Stojanović, Mr. Ian Brownlie (CR 2006/38 - Public sitting held on Tuesday 2 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Ian Brownlie, Mr. Olujić, Mr. Obradović, Mr. Cvetković (CR 2006/39 - Public sitting held on Tuesday 2 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Cvetković, Mr. Brownlie (CR 2006/40 - Public sitting held on Wednesday 3 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/41 - Public sitting held on Thursday 4 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/42 - Public sitting held on Thursday 4 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (3 May 2006)

Appeals Chamber Confirms Sentences Against Mladen Naletilic and Vinko Martinovic (3 May 2006)

From the ICTY, "In its Judgement, the Appeals Chamber dismissed the vast majority of the grounds of appeal raised by both sides. The Appeals Chamber also set aside, in part, a few of the convictions entered by the Trial Chamber against Naletilic and Martinovic. However, taking into account the particular circumstances of this case as well as the form and degree of the participation of the accused in the crimes affirmed on appeal, as well as the seriousness of those crimes, the Appeals Chamber found that the sentences imposed by the Trial Chamber against them were within the range that a reasonable Trial Chamber could have ordered. It therefore confirmed their sentences to 20 and 18 years' imprisonment, respectively."

• Prosecutor v. Mladen Naletili, Vinko Martinovi, Case No. IT-98-34-A, JUDGEMENT, 3 May 2006

Address by Carla Del Ponte, Prosecutor of the ICTY, at the International Conference (5 May 2006)

• "Establishing the Truth in the Aftermath of Conflict: Current Initiatives and Perspectives in the Western Balkans"

Blagoje Simic Granted Temporary Provisional Release (5 May 2006)

From the ICTY, "The Appeals Chamber granted Blagoje Simic’s motion for temporary provisional release to attend memorial services for his mother in Samac, a border town in the north of Bosnia and Herzegovina. Blagoje Simic will be provisionally released from 10 to 25 May 2006....    On 25 October 2003, Blagoje Simic was sentenced to 17 years’ imprisonment for crimes against Bosnian Muslim and Bosnian Croat civilians in Bosanski Samac. At the time, Simic was the highest ranking civilian official in the Bosanski Samac municipality. Both the prosecution and defence appealed the judgement. The Appeals Chamber's decision is pending."

• Prosecutor v. Blagoje Simic, Case No. IT-95-9-A, DECISION ON MOTION OF BLAGOJE SIMIC FOR PROVISIONAL RELEASE FOR A FIXED PERIOD TO ATTEND MEMORIAL SERVICES FOR HIS MOTHER, 5 May 2006

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions

Closing arguments in Mpambara‘s Trial (4 May 2006)

From the ICTR, "On 2 and 3 May 2006, the Prosecution and the Defence in the case of Jean Mpambara, the former bourgmestre of Rukara commune in Kibungo prefecture, presented their final submissions before Trial Chamber I of the United Nations International Criminal Tribunal for Rwanda. The Prosecution called for the conviction of the Accused and the imposition of a life imprisonment sentence. It argued that evidence presented in court proved that he truly committed genocide. It added that the evidence shows that the Accused organized and executed killings which occurred in Rukara commune, including at the Gahini Hospital and Rukara Parish, during which more than 2,500 persons were killed. The Prosecution further argued that Mpambara took part in a number of massacres of Tutsi civilians in Rukara commune in eastern Rwanda, between 7 and 16 April1994. The Defence called for Mpambara’s acquittal, arguing that his implication in the terrible crimes of which he is accused was not proven by the Prosecutor. It added that the evidence shows that the Accused never committed the crimes, and that the witnesses called by the Prosecutor were unreliable."

• The Prosecutor v. Jean Mpambara, Case No. ICTR-2001-65-I, AMENDED INDICTMENT

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 5 May 2006

Prosecutor v. Charles Ghankay Taylor, Case No. SCSL-03-1-PT, Decision on Confidential Prosecution Motion for Immediate Protective Measure For Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures AND on Confidenital Prosecution Motion for Leave to Substitute a Corrected and Supplemented List as Annex A of the Confidential Prosecution Motion for Immediate Protective Measures for Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures (5 May 2006)

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Prosecution's Final Observations on Disclosure (2 May 2006)
• Observations of the Defence relating to the system of disclosure in view of the Confirmation Hearing (2 May 2006)
• Registrations in the record of material presented at the ex parte closed hearing of 2 February 2006 (3 May 2006)

Situation in Uganda

• Prosecutor's Submission of Information on Further Unsealing of Documents of the Record (3 May 2006)

International Tribunal for the Law of the Sea

Statements of the President

• The 28th Doherty lecture ‘Fighting Terrorism at Sea: Options and Limitations under International Law’ (13 April 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

International Court of Justice

To celebrate its sixtieth anniversary, the International Court of Justice held a solemn sitting in the Peace Palace (12 April 2006)

Cases under deliberation:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

• Case Resources

Oral Pleadings 

• Bosnia and Herzegovina: M. Softić and M. van den Biesen (CR 2006/30 - Public sitting held on Tuesday 18 April 2006, at 10.15 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: M. Pellet and M. van den Biesen (CR 2006/31 - Public sitting held on Tuesday 18 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: M. Franck, Ms Stern and Ms Karagiannakis (CR 2006/32 - Public sitting held on Wednesday 19 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Ms Stern, M. Franck and M. van den Biesen (CR 2006/33 - Public sitting held on Thursday 20 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr Condorelli, Mr van den Biesen, Ms Dauban and Mr Ollivier (CR 2006/34 - Public sitting held on Thursday 20 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr Ollivier, Ms Dauban, Mr Condorelli and Mr Franck (CR 2006/35 - Public sitting held on Friday 21 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (19 April 2006)

Decision Rendered on Referral of the Pasko Ljubicic Case under Rule 11 Bis (12 April 2006)

The ICTY Referral Bench decided "to refer the case of Pasko Ljubicic to Bosnia and Herzegovina in accordance with Rule 11bis of the Tribunal’s Rules of Procedure and Evidence. This decision can be appealed." To be referred "pursuant to Rule 11bis, the Referral Bench, comprised of three judges, has to order a referral of its own accord or following a request from the Prosecutor. A decision to refer a case is rendered only if the Bench is fully satisfied that the accused would be tried to the highest international standards and that neither the level of responsibility of the accused nor the gravity of the crimes alleged in the indictment were factors that would make a referral to the national authorities inappropriate. In addition to the four persons already transferred, currently a total of 11 other persons are or may be considered for transfer by the Referral Bench."

• PROSECUTOR v. PASKO LJUBICIC WITH CONFIDENTIAL ANNEX, DECISION TO REFER THE CASE TO BOSNIA AND HERZEGOVINA PURSUANT TO RULE 11 BIS, 12 April 2006
• Rule 11 bis

Vladimir Kovacevic Declared Unfit to Stand Trial (12 April 2006)

From the ICTY, Vladimir Kovacevic faced charges for " his involvement in the attack against the historic city of Dubrovnik in Croatia in 1991. Specifically, Kovacevic is charged with murder, cruel treatment, attacks on civilians, devastation not justified by military necessity, unlawful attacks on civilian objects as well as destruction or wilful damage done to institutions dedicated to religion, charity, and education, the arts and sciences, historic monuments and works of art and science committed in the attack on 6 December 1991." Kovacevic was provisionally released for medical treatment in 2004. On 2 December 2004, the Chamber extended the accused's provisional release until further notice. During Kovacevic's release, " the Chamber ordered a number of medical reports and carefully considered all of them. In reaching its decision [to declare Kovacevic unfit], the Chamber found that the accused does not have the capacity to plead, to understand the nature of the charges, to understand the course of proceedings, to understand the details of the evidence, to instruct counsel, to understand the consequences of proceedings, and to testify."

• PROSECUTOR v. VLADIMIR KOVACEVIC, PUBLIC VERSION OF THE DECISION ON ACCUSED'S FITNESS TO ENTER A PLEA AND STAND TRIAL, 12 April 2006

Haradin Bala Granted Temporary Provisional Release (20 April 2006)

The ICTY Appeals Chamber granted Haradin Bala, sentenced 30 November 2005 to 13 years for mistreatment of prisoners, torture, and murder, "temporary provisional release to attend his daughter’s memorial service on 26 April 2006 in Kosovo. Haradin Bala is provisionally released from 23 to 27 April 2006, to allow him to spend the traditional mourning period with his family and community preceding the memorial service." As the ICTY noted, "the provisional release is subject to specific terms and conditions laid out in the decision. They include UNMIK's responsibility to take custody of the accused at Pristina airport and ensure his 24-hour protection and supervision, as well as compliance with conditions of the provisional release while he is in Kosovo.

• PROSECUTOR V. LIMAJ, ET AL., DECISION GRANTING PROVISIONAL RELEASE TO HARADIN BALA TO ATTEND HIS DAUGHTER'S MEMORIAL SERVICE, 20 APRIL 2006

International Criminal Tribunal for Rwanda (ICTR)

Judicial Calendar

Latest Decisions

Karemera, et al., DECISION ON JURISDICTIONAL APPEALS: JOINT CRIMINAL ENTERPRISE (12 April 2006)

Bisengimana Sentenced to 15 Years Imprisonment (13 April 2006)

From the ICTR, "Trial Chamber II of the United Nations International Criminal Tribunal for Rwanda today sentenced Paul Bisengimana (58), former Bourgmestre of Gikoro Commune, Kigali-Rural Prefecture, to 15 years in prison after it convicted him of extermination as a crime against humanity.... On 7 December 2005 Bisengimana pleaded guilty to aiding and abetting murder and extermination as crimes against humanity. The Chamber accepted his plea and found him guilty of murder and extermination as crimes against humanity."

• The PROSECUTOR v. Paul BISENGIMANA, Case No. ICTR-00-60-T, Judgement and Sentence, 13 April 2006
• The PROSECUTOR v. Paul BISENGIMANA, Case No. ICTR-00-60-T, CORRIGENDUM-JUDGEMENT AND SENTENCE, 20 April 2006

Karemera, et al., DECISION ON RECONSIDERATION OF THE SCHEDULING ORDER FOR THE NEXT TRIAL SESSION Article 20 of the Statute of the Tribunal, Rule 73 of the Rules of Procedure and Evidence (18 April 2006)

Karemera, et al., DECISION ON DEFENCE MOTIONS TO EXCLUDE TESTIMONY OF PROFESSOR ANDRE GUICHAOUA Article 20 of the Statute and Rule 94 bis (A) of the Rules of Procedure and Evidence (20 April 2006)

The Special Court for Sierra Leone

Court Schedule

Judicial Recess 10-24 April 2006

The Prosecutor's Meeting with Civil Society of Sierra Leone, 31 March 2006 (12 April 2006)

International Criminal Court (ICC)

Hearing Schedule

The ICC Presidency Approves Regulations of the Registry (19 April 2006)

Situations & Cases:

Prosecutor v. Thomas Lubanga Dyilo

• Pre-Trial Chamber I to hold Public Hearing on Procedural Matters on 24 April 2006

Situation in Darfur, Sudan

Situation in the Central African Republic

Situation in Democratic Republic of Congo

Situation in Uganda

Permanent Court of Arbitration

Barbados/Trinidad and Tobago, Award of the Arbitral Tribunal (11 April 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a new juscogens.net weekly feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

International Court of Justice

• Sixtieth Anniversary of the International Court of Justice, Solemn sitting of Wednesday 12 April 2006
• The International Court of Justice awarded the “Fray Francisco de Vitoria” Medal

    Cases under deliberation: Bosnia and Herzegovina v. Serbia and Montenegro

• Case Background
• Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) Schedule of public hearings to be held from 27 February to 9 May 2006

International Criminal Tribunal for the Former Yugoslavia (ICTY)

• Overview of Court Proceedings (10-14 April 2006)
• Court Schedule (10-14 April 2006)

    ICTY Convicts Enver Hadzihasanovic and Amir Kubura (15 March 2006)

From the ICTY, "In the first Tribunal judgement to deal with the presence of foreign Muslim or Mujahedin combatants in central Bosnia and Herzegovina, the Trial Chamber found that Enver Hadzihasanovic exercised effective control over a detachment of such forces. It found that Mujahedin members severely beat and psychologically abused five civilians from the Croatian and Serbian community in Travnik and murdered Dragan Popovic in October 1993 in the Orasac camp. The Trial Chamber found Enver Hadzihasanovic guilty of failing to prevent these crimes."

• Summary of Judgement
• Full-Text Trial Chamber Judgement (French Only)

    Appeals Chamber Confirms Milomir Stakic's Conviction (22 March 2006)

The ICTY appeals chamber "affirmed the Trial Chamber’s decision to convict Milomir Stakic for his responsibility in exterminating, murdering and persecuting the non-Serb population in Prijedor. The Appeals Chamber also found that the Trial Chamber incorrectly failed to convict him for deporting and forcibly transferring the non-Serb population. The Appeals Chamber agreed with the Trial Chamber’s decision to acquit Milomir Stakic of genocide and complicity in genocide."

• Summary of Appeals Judgement (N.B., correct date is 22 March 2006)
• Full Text of Appeals Judgement

    Final Independent Dutch Inquest Results Concerning Death of Slobodan Milosevic (4 April 2006)

The final results from an independent Dutch inquest confirm that Slobodan Milosevic "died of natural causes and rules out any suggestion of criminal conduct." The ongoing, separate ICTY inquiry into Milsosevic's death will now "focus its attention on issues relating to the medical treatment provided to Slobodan Milosevic while in the Tribunal's detention facility. The internal inquiry expects to conclude its investigation on these issues shortly."

• Statement From The Hague District Public Prosecutor's Office (English)
• Statement From The Hague District Public Prosecutor's Office (Dutch)
• Statement From The Hague District Public Prosecutor's Office (Serbian)
• Statement From The Hague District Public Prosecutor's Office (French)   

   Two Ad Litem Judges Sworn in (7 April 2006)

Judges Stefan Trechsel (Switzerland) and Arpad Prandler (Hungary) were sworn in as ad litem judges on 7 April 2006. Judges Trechsel and Prandler "were appointed by the Secretary General to serve on the Prlić et al. case, which involves six former high ranking political and military officials of the so-called "Croatian Community (and later Republic) of Herceg-Bosna", charged with the ethnic cleansing of Muslims and other non-Croats who lived in the area. The trial is scheduled to start later this year."

    Appeals Chamber Upholds Decision to Refer the Mejakic et al. Case to Bosnia and Herzegovina

From the ICTY, "the Appeals Chamber upheld the decision to refer the Mejakic et al. case, involving four accused, to Bosnia and Herzegovina for trial. The Appeals Chamber dismissed eight of the grounds in the Joint Defence Appeal, and allowed one in part." The transfer is "a partnership with the judiciaries in the former Yugoslavia...while the most senior leaders are tried before the ICTY, intermediate and lower rank accused can be referred to competent national jurisdictions. The ICTY has previously transferred two accused to Bosnia and Herzegovina for trial and referred one case involving two accused to Croatia."

• Full Text of Appeals Chambers Decision

International Criminal Tribunal for Rwanda (ICTR)

• Latest Decisions
• Status of ICTR Detainees (24 March 2006)

The Special Court for Sierra Leone

• Court Schedule
• Weekly Court Summary (week ending 7 April 2006)
• Counsel Provisionally Assigned to Charles Taylor (5 April 2006)
• Prosecutor's Statement on Initial Appearance of Charles Taylor (3 April 2006)
• Special Court President Requests Charles Taylor be Tried in The Hague (30 March 2006)
• Decision and Order For Disclosure, Prosecutor v. Charles Taylor (30 March 2006)
• Amended Indictment, Prosecutor v. Charles Taylor, 17 March 2006

International Criminal Court (ICC)

• First arrest for the International Criminal Court (17 March 2006)
• Initial appearance of Mr Thomas Lubanga Dyilo before the Pre-Trial Chamber I (20 March 2006)
• The International Criminal Court and the European Union sign an agreement on cooperation and assistance (10 April 2006)

Permanent Court of Arbitration

• Partial Award, SALUKA INVESTMENTS BV (THE NETHERLANDS) v THE CZECH REPUBLIC (17 March 2006)

Khmer Rouge Trials

• Annan nominates international judges for Cambodia’s Khmer Rouge trial
• UN and Cambodia sign key agreements ahead of Khmer Rouge trials
• Background: Khmer Rouge Trials Website

Courts & Tribunals: International Criminal Tribunal for Rwanda (ICTR) Finds Aloys Simba Guilty of Genocide and Crimes Against Humanity

On 13 December 2005 the International Criminal Tribunal for Rwanda ("ICTR") found Aloys Simba guilty of genocide and crimes against humanity for his role in the massacre of Tutsi civilians in April 1994. The ICTR sentenced Simba to 25 years imprisonment.

I. Factual Background

Aloys Simba gained "national military prominence" in Rwanda for his role, and as a member, of the "Comrades of the fifth of July," which led a military coup d'etat in 1973 that removed President Grégoire Kayibanda and installed Juvénal Habyarimana into power.[1] From 1973-1993 Simba served in a variety of military and parliamentary positions.

In 1994, after the death of President Habyarimana, "thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen."[2] The Tutsi civilians sought refuge and sanctuary in a variety of locations, including Kibeho Parish, Cyanika Parish, Murambi Technical School, and Kaduha Parish. From April 14 to 21 April 1994 Hutu militiamen attacked the Tutsi refugees at these places. After these attacks, subsequent attacks occurred at the end of April 1994 against Tutsi civilians at Ruhashya commune. These five attacks formed the primary basis of the Prosecutor's case against Simba.[3]

The Prosecutor alleged that Simba was responsible for the killings that occurred at these sites. As recognized by the ICTR, "at the time of the events in 1994, Simba had no formal ties to any government, military, or political structure."[4] The Prosecutor alleged that Simba was "one of the principal architects of the five massacres and that he personally participated in their execution by furnishing arms, ordering militiamen and government forces to attack and kill Tutsi.[5] Simba alleged, in his alibi, that he was "not in Gikongoro prefecture when the genocide was planned or unfolded and that he played no role in the killings in Butare. According to Simba, in the days following the death of President Habyarimana, he remained in Kigali gathering family, friends, and neighbours in an effort to protect them from the ensuing violence."[6]

II. Procedural Background

Arrested in Senegal on 27 November 2001, Simba's trial lasted from 30 August 2004 to 8 July 2005. Under the Amended Indictment of 6 May 2004, the Prosecutor charged Simba with four counts: genocide; complicity in genocide; extermination as a crime against humanity; and, murder as a crime against humanity. Simba was charged with individual criminal responsibility for these crimes under Article 6 (1) and (3) of the Statute of the International Criminal Tribunal for Rwanda (the "Statute").[7] At the conclusion of its case, the Prosecutor withdrew Article 6 (3) as a form of criminal responsibility and also withdrew the charges of complicity in genocide and murder as a crime against humanity.

III. Applicable Law

Under Article 1 of the ICTR Statute, the ICTR has " the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighboring States between 1 January 1994 and 31 December 1994."[8] The subject-matter jurisdiction of the ICTR is limited to acts of genocide, crimes against humanity, and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II thereto.[9] The criminal responsibility for these crimes is established by Article 6 of the ICTR Statute. Individual criminal responsibility arises for anyone who "planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime" proscribed by the ICTR Statute.[10] Additionally, individual criminal responsibility under the ICTR Statute extends to superior responsibility for prosecutable offenses "committed by a subordinate" if the superior " knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof."[11]

IV. The Trial Chamber's Legal Findings

In its legal findings, the ICTR noted the Prosecutor based Simba's criminal liability under Article 6(1) on a theory of joint criminal enterprise for the massacres at Kibeho Parish, Murambi Technical School, Cyanika Parish, Kaduha Parish, and Ruhashya commune.[12] The ICTR recognized that "Article 6 (1) sets out certain forms of individual criminal responsibility applicable to the crimes falling within the Tribunal’s jurisdiction. Article 6 (1) does not make explicit reference to “joint criminal enterprise”. However, the Appeals Chamber has previously held that participating in a joint criminal enterprise is a form of liability which exists in customary international law and that it is a form of “commission” under Article 6 (1)."[13]

Of the five massacre sites presented into evidence, the ICTR Trial Chamber found that a common criminal purpose existed at the Murambi Technical School, Cyanika Parish, and Kaduha Parish. The ICTR found "that the massive scale and relative efficiency of the slaughter by necessity demanded the involvement of a plurality of persons, each carrying out a particular role at one or more of the massacres. In addition to the physical perpetrators of the crimes, other prominent participants in the enterprise included Simba, Prefect Bucyibaruta, Captain Sebuhura, and Bourgmestre Semakwavu."[14] The Trial Chamber determined Simba participated in the joint criminal enterprise through "acts of assistance and encouragement to the physical perpetrators of the crimes" at Murambi Technical School and Kaduha Parish in addition to the distribution of guns and grenades at Kaduha Parish, urging participants to "get rid of the filth."[15] Although the Trial Chamber determined a common criminal purpose existed at Cyanika Parish, it also found that there was no direct evidence connecting Simba to "the shared intention to kill Tutsi at Cyanika Parish or that the killings there would in any way be a foreseeable consequence of his role in the joint criminal enterprise at Murambi Technical School and Kaduha Parish."[16] Of the two remaining massacre sites put into evidence by the Prosecution, the ICTR determined that it was not proven beyond a reasonable doubt that the massacres at Kibeho Parish or in Ruhashya commune formed part of the joint criminal enterprise.[17]

Based on these findings, the Trial Chamber found Simba criminally responsible under Article 6 (1) of the ICTR Statute based on his participation in a joint criminal enterprise to kill Tutsi civilians at Murambi Technical School and Kaduha Parish, and guilty on Counts 1 and 3 for genocide and extermination as a crime against humanity.[18]

V. Sentencing

In determining the appropriate sentence for Simba, the ICTR noted that the "penalty imposed should reflect the goals of retribution, deterrence, rehabilitation, and the protection of society. Pursuant to Article 23 of the Statute and Rule 101 of the Rules of Procedure and Evidence, the Chamber shall consider the general practice regarding prison sentences in Rwanda, the gravity of the offences or totality of the conduct, the individual circumstances of the accused, including aggravating and mitigating circumstances, and the extent to which any penalty imposed by a court of any State on the accused for the same act has already been served."[19] In regards to aggravating factors, the Trial Chamber considered the number of victims from the killings and Simba's supplying the attackers with guns and grenades at Kaduha Parish. The Trial Chamber also found no significant mitigating circumstances. Considering the "relevant circumstances," the Trial Chamber sentenced Simba to 25 years imprisonment.[20]

[1] International Criminal Tribunal for Rwanda, The Prosecutor v. Aloys Simba, Case No. ICTR-01-76-T, December 13, 2005, para. 54, available at http://65.18.216.88/ENGLISH/cases/Simba/Judgement/Judgement.131205.pdf [hereinafter Simba].
[2] Id. at para. 6.
[3] Id.
[4] Id. at para. 7.
[5] Id. at para. 8.
[6] Simba, supra note 1, at para. 9.
[7] International Criminal Tribunal for Rwanda, Amended Indictment Pursuant to 6 May 2004 Decision, Case No. ICTR-01-76-T, available at http://65.18.216.88/ENGLISH/cases/Simba/indictment/simba.pdf.
[8] Statute of the International Criminal Tribunal for Rwanda, art. 1, available at http://65.18.216.88/ENGLISH/basicdocs/statute.html.
[9] Id. art. 2-4.
[10] Id. art. 6(1).
[11] Id. art. 6(3).
[12] Simba, supra note 1, at para. 385.
[13] Id. (citations omitted).
[14] Id. at para. 402.
[15] Id. at para. 403.
[16] Id. at para. 407.
[17] Simba, supra note 1, at para. 408.
[18] Id. at para. 419.
[19] Id. at para. 429.
[20] Id. at para. 445.